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U.S. v. GONZALES

No. 04-2126.

399 F.3d 1225 (2005)

UNITED STATES of America, Plaintiff-Appellant, v. Roberto GONZALES, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

March 1, 2005.

Attorney(s) appearing for the Case

David N. Williams, Assistant U.S. Attorney, (and David C. Iglesias, United States Attorney, on the brief), Albuquerque, NM, for Plaintiff-Appellant.

John E. Leeper (and Joseph (Sib) Abraham, Jr., with him on the brief), El Paso, TX, for Defendant-Appellee.

Before KELLY, ANDERSON, and LUCERO, Circuit Judges.

PAUL KELLY, JR., Circuit Judge.

The government appeals the district court's grant of Defendant Roberto Gonzales's motion to suppress evidence obtained from his home pursuant to a warrant. The government concedes the warrant lacked probable cause, but argues that the good faith exception established in United States v. Leon, 468 U.S. 897, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984), applies. Exercising jurisdiction under 28 U.S.C. ...

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